City Dump Truck Saga Ends

Mayor James Ireton Jr. is pleased to inform residents the 14 month saga of the City Dump Truck has now ended. The Attorney General’s office emailed the City Attorney on October 28, 2010 and in its opinion states the following in regards to the lease purchase of the Dump Truck that:

1) No budget amendment was necessary under Article 23A, Section 2(b)2 because sufficient funds for the lease payment were appropriated to meet the City’s obligation in FY 2010 and were expended for the purpose for which they were appropriated, namely to pay the amount due under the terms of the lease purchase agreement.

2) Because the contracts’ signatories with binding authority were not within the class of persons to whom Article 31, Section 3 applies, no violation of this State law occurred.

3) In commenting on this opinion, the City Solicitor stated that both he and the Attorney General are of the opinion that internal services department and the City Council properly handled the lease purchase of the 3-ton dump truck in compliance with City Charter and Code and State law. The dump truck can be placed in service by Public Works.

“The saga of the City Dump Truck has ended. The staff time lost and legal cost to the citizens is unfortunate. While I appreciate that the Attorney General’s office ruled that we did nothing wrong, I was always of that opinion myself. The council has not finished “Linens of the Week,” the towing ordinance, “The Bricks,” the fireboat, and above all Safe Streets Legislation – while our work session list grows longer and longer, and our city council meetings shorter and shorter. Again, all this work left undone is unfortunate. I will attend a ceremony tomorrow to dedicate the truck “The Howard Landon.” We will put the truck into service for the citizens of Salisbury,” said Mayor Ireton.

Below please find a timeline of events related to the purchase of the 3-ton dump truck.

Contract 106-10 originally opened on Sept 29, 2009.

Recommendation for award from the Public Works Department, received October 7, 2009.

On October 16, 2009, Pam Oland sent a memo to John Pick explaining the need for two 3-ton dump trucks. She detailed the existing lease funds available.

On October 21, 2009, SunTrust Equipment Finance & Leasing confirmed authorization to use remaining lease-purchase funds for purchase of the dump truck.

Award Recommendation approved by the City Council on October 26, 2009.

On October 28, 2009, Contracts for the trucks were mailed to the vendor for budgeted and replacement vehicles.

On November 6, 2009, all signatures were obtained on these contracts. Signed Contracts and Purchase Orders 2100194 & 2100195 were sent to vendor. Estimated delivery time is 90 days.

City Council was to have been briefed at a November30, 2009 work session on proposed budget amendment. Meeting was cancelled for unrelated reasons.
Council was briefed at a work session held on December 21, 2009 on the proposed budget amendment.

The budget amendment was presented to the Council for first reading on January 11, 2010. It was defeated.

On February 12, 2010, the dump truck was delivered to the City. Four days later it was titled.

On February 24, 2010, the City explored the possibility of returning the truck to Barr International. The vendor indicated that he was not willing to accept the return of the vehicle because it was a “Unique special order” and because it was already titled to the City with City logos installed.

Ms. Cohen asked the Mayor to request an opinion from Maryland’s Attorney General as to whether § 7-29 of the Salisbury Charter or Article 31, § 3 of the Maryland Code had been violated.

The City Solicitor spoke with the head of the Attorney General’s Opinion Division who indicated his office would not issue an opinion unless it was preceded by an opinion from the Solicitor’s Office.

On April 15, 2010, the City Solicitor forwarded his opinion to the Attorney General. In his opinion, he concluded that there was not an over-expenditure of funds connected with the purchase of the dump truck.

On October 28, 2010, the City received the Attorney General’s Opinion.

November 4, 2010 the truck is put into service for the citizens of Salisbury.